The Court proceedings have been conducted through Video Conference.
Heard Mr. T.J. Mahanta, learned Senior counsel for the petitioner.
Issue notice, returnable on 14.07.2021.
Mr. S.S. Roy, learned State counsel accepts notice for respondent No.1 and Mr. S.M.T. Chistie, learned standing counsel, Agriculture Department,
accepts notice for respondent Nos.2â€"4.
Hence, no fresh steps need be taken in respect of respondents, as they are duly represented. However, extra copies of the writ petition be served
upon the learned counsel appearing for the respondents.
Learned Senior counsel for the petitioner submits that in spite of a specific order of this Court passed on 25.02.2021 in WP(C) No.7186/2019 to
consider the claim of the petitioner for promotion to the higher post of Sub-Divisional Agriculture Officer, which is a Grade-I post, by interpreting
paragraph 2.1 of the Office Memorandum No.ABP.180/2017/105 dated 07.01.2019 to hold that reservation for physically handicapped person in
promotion even for Grade-I post is not impermissible, the authorities again rejected the representation of the petitioner for consideration of his
promotion against a reserved post for the physically handicapped person to the said higher post by observing that the promotion cannot be made in
terms of the Government O.M. No.ABP.180/2017/105 dated 06.12.2018. Learned Senior counsel for the petitioner submits that the said O.M. dated
06.12.2018, which was referred to by the authorities for rejecting the representation of the petitioner is a non-existent O.M. and in any event, in view
of the specific clarification made by this Court in the aforesaid writ petition about the permissibility of promotion by reserving posts for physically
handicapped persons in Grade-I and Grade-II posts, such rejection of the representation of the petitioner is illegal and accordingly, the petitioner has
challenged the said rejection order dated 29.04.2021.
This Court having gone through the order passed by this Court on 25.02.2021 in WP(C) No.7186/2019, which apparently has not been appealed
against, and as such, not modified nor varied by the competent judicial forum, this Court is of the view that the authorities cannot take a stand that
there cannot be reservation for the purpose of promotion to Grade I and Grade II posts, for the physically handicapped persons as provided under the
provisions of Rights of Persons with Disabilities Act, 2016.
In that view of the matter, this Court is of the tentative view that the impugned rejection order dated 29.04.2021 does not appear to be in consonance
with the direction issued by this Court on 25.02.2021 in WP(C) No.7186/2019. Accordingly, on the next date, an endeavour will be made to dispose of
this petition after filing of affidavits by the respondents in this regard.
It is also made clear that one post of Sub-Divisional Agriculture Officer shall not be filled up till disposal of the petition. However, pendency of this
writ petition may not be also a bar for the respondent authorities to revise its view for the purpose of promotion of the petitioner against the said post
of Sub-Divisional Agriculture Officer by reserving it for the physically challenged persons.
List accordingly on 14.07.2021.
